New South Wales Consolidated Acts

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GRAFFITI CONTROL ACT 2008 - SECT 9D

Order to be made only if offender suitable and community clean up work available

9D Order to be made only if offender suitable and community clean up work available

(1) A court must not make a community clean up order unless satisfied, following consultation with an authorised officer, that:
(a) the offender is a suitable person for community clean up work and, in the case of a child offender, is sufficiently mature to perform community clean up work, and
(b) arrangements exist for persons who reside in the area in which the offender resides or intends to reside for the offender to perform community clean up work, and
(c) community clean up work can be provided in accordance with those arrangements.
(2) In deciding whether to make a community clean up order, the court must have regard to whether the offender is willing to participate in community clean up work.
(3) For the purposes of this section, an
"authorised officer" means:
(a) in respect of an adult offender--the Commissioner of Corrective Services, Department of Justice and Attorney General or an officer of the Department authorised by the Commissioner to exercise the functions of an authorised officer under this section, or
(b) in respect of a child offender--the Director-General of the Department of Human Services or an officer of the Department authorised by the Director-General to exercise the functions of an authorised officer under this section.



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